A young man who can expect to spend decades in prison for his role in the September 2002 death of 18-year-old Rachel Burkheimer made it clear Monday he plans to stick with a deal he cut with Snohomish County prosecutors, and testify against others.
Matthew Andreas Durham, 18, of Lynnwood, has admitted playing a role in planning Burkheimer’s kidnapping and driving her to the scene of her death.
He initially was charged with aggravated first-degree murder, an offense that could have sent the then 17-year-old Durham to prison for life.
He instead pleaded guilty to first-degree murder and agreed to cooperate with prosecutors in exchange for a recommendation that he serve a minimum 25 years.
Questions arose last month about Durham’s willingness to hold up his end of the bargain after the teen indicated he may be having second thoughts, deputy prosecutor Michael Downes said.
Durham said he had reservations after talking with his mother, who maintains her son was not treated fairly under the law.
Superior Court Judge Joseph Thibodeau appointed Everett defense attorney Stephen Garvey to help Durham review his legal options, in effect providing him with a second opinion to that of the attorney already handling the case.
Durham has maintained that he was threatened into being involved in Burkheimer’s killing. But under Washington law, duress is not a defense for murder, Garvey said Monday.
He told the judge that the teen understands he has cut the best deal he’s likely to get in Snohomish County under existing case law.
"Mr. Durham has every intention of cooperating with the state" and testifying at upcoming trials for other defendants, Garvey said.
The attorney added that he’d spoken with Karen Halverson, attorney for Maurice Rivas, 19, of Lynnwood, who also entered into a plea agreement in the case. Rivas also intends to uphold his end of the agreement and testify, Garvey said.
Four defendants in the case are now scheduled to face trials in 2004.
Yusef "Kevin" Jihad, 33, and Jeffrey Scott Barth, 23, both of Everett, are scheduled for trial in February, charged with first-degree murder, kidnapping and conspiracy.
Aggravated murder trials for John Phillip Anderson, 21, and John Alan Whitaker, 23, are also set for early 2004, but could be delayed months if prosecutors opt to seek the death penalty. Prosecutors face a Jan. 30 deadline to make the decision.
Prosecutors allege Burkheimer was tied up and beaten in Jihad’s garage. She was then stuffed inside a large bag, placed in Durham’s vehicle and driven to the Cascade Mountain foothills near Gold Bar. Once there, Burkheimer was forced into a grave and shot.
Exactly why Burkheimer was killed remains unclear. Court papers show the defendants have suggested several motives, including Anderson’s jealousy over her dating other men, and a drug conspiracy with gang overtones.
Reporter Scott North: 425-339-3431 or north@heraldnet.com.
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